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Publication date: 09.06.2024
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Publication date: 09.06.2024
Lease of state and municipal land plots: legal aspects and practice
Introduction
Lease of state-owned and municipally owned land plots is an important legal instrument that allows for the efficient use of land resources for business development, agriculture and other activities. In this article, we will review the legal aspects of leasing such land, legislative innovations, and current court practice.
Legal framework
The main legal acts regulating the lease of state and municipal land in Ukraine:
- Land Code of Ukraine - defines the general principles of land lease, rights and obligations of tenants and landlords.
- The Law of Ukraine "On Land Lease" - regulates the procedure for concluding, executing and terminating land lease agreements.
- The Law of Ukraine "On Local Self-Government in Ukraine" defines the powers of local self-government bodies to manage communal land.
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- The Law of Ukraine "On State Property" regulates the management and disposal of state property, including land plots.
The procedure for concluding a lease agreement
Initiation of the lease:
- Land plots may be leased at the initiative of state or local authorities, as well as at the request of individuals or legal entities.
Preparation of documentation:
- Preparation of a draft lease agreement that must comply with the requirements of the law and contain all the necessary terms and conditions (lease term, rent, rights and obligations of the parties, etc.).
A lease tender or auction:
- In most cases, the lease of state-owned and municipally owned land plots is carried out through a public tender or auction, which ensures transparency and competition.
Conclusion of the contract:
- After winning the tender or auction, a lease agreement is concluded, which is subject to state registration.
Terms of the lease agreement
The lease term:
- The maximum lease term for state-owned or municipally owned land plots may not exceed 50 years.
Rent:
- The amount of rent is set by agreement of the parties, but may not be less than the minimum amount established by law.
Tenant's rights:
- Use the land plot in accordance with its intended purpose.
- Carry out construction, reclamation and other works on the land plot, if provided for by the agreement.
Tenant's responsibilities:
- Pay the rent on time.
- Comply with environmental regulations and land protection requirements.
- Take measures to protect the land plot and maintain it in good condition.
New legislation and current practice
Legislative changes:
- Recent legislative changes are aimed at simplifying the land lease procedure, increasing transparency and competitiveness of lease relations.
- Introduce electronic auctions for land leases, which will attract more participants and increase the efficiency of land use.
Court practice:
- Court practice shows a significant number of disputes related to the lease of state and municipal land plots
